A federal lawsuit filed in the United States District Court for the Western District of Texas has thrust the South San Independent School District (South San ISD) into the spotlight. Abel Martinez, a trustee on the district’s school board, has accused board officials and members of the South San ISD Police Department of orchestrating a campaign of harassment and unconstitutional retaliation. The 20-page complaint filed on December 3, 2024, alleges violations of Martinez’s First, Fourth, and Fourteenth Amendment rights, stemming from what he claims were retaliatory arrests and attempts to silence his dissent against board leadership.
History of Tensions
Abel Martinez, a lifelong resident of South San Antonio, was elected to the South San ISD Board of Trustees in 2023. A small business owner and father of children attending district schools, Martinez positioned himself as a vocal advocate for reform and transparency. However, his tenure was marred by conflicts with Board President Manuel Lopez, who Martinez alleges used his authority to stifle opposition.
The lawsuit traces the origins of their dispute to September 2023, when Lopez publicly mocked Martinez during a school board meeting, calling him a “clown” for not wearing business attire. Martinez argued that no dress code existed for trustees and viewed Lopez’s comment as an attempt to embarrass and undermine him. This incident galvanized supporters, who arrived at an October 18, 2023, board meeting dressed as clowns in solidarity with Martinez and in protest of Lopez’s perceived bullying.
The October 18 Incident: Escalation at the Board Meeting
The October 18 school board meeting became a flashpoint in the ongoing conflict. According to Martinez’s lawsuit, supporters wearing clown costumes were asked to leave the premises before the meeting began. District officials claimed the costumes were disruptive and posed a security risk due to the face paint, which allegedly made identification difficult. The supporters were later issued criminal trespass warnings by the South San ISD Police Department, a law enforcement agency under the school district’s jurisdiction.
Martinez escorted the supporters to the parking lot and returned to the building for the board’s closed executive session. While waiting for the session to begin, Martinez raised concerns about harassing packages he claimed had been sent to his home by district personnel. He directed his questions to the district superintendent, but Lopez interrupted, stating that the issue was not on the meeting’s agenda. The exchange grew heated, with Martinez eventually leaving after expressing frustration with Lopez’s dismissive responses.
Criminal Charges and Arrest
Within days, the South San ISD Police Department, led by Officer Steve Gomez and Sergeant Juan Contreras, sought an arrest warrant for Martinez. The complaint alleges that the warrant was based on contradictory affidavits provided by district officials, including Lopez and Superintendent Arraiza. These affidavits reportedly conflicted on key details, such as whether the executive session had officially begun and who was present in the room.
The arrest warrant accused Martinez of interrupting a public meeting, a Class B misdemeanor. However, Martinez’s lawsuit contends that the meeting had not yet started, and no recognized board members were actively conducting business when the alleged disruption occurred.
On October 26, 2023, officers Gomez and Contreras went to Martinez’s home to serve the warrant. Speaking through his Ring doorbell camera, Martinez informed the officers he was at a nearby gas station. The officers relocated to the gas station but, according to body camera footage cited in the lawsuit, did not inform Martinez of the warrant. Instead, when Martinez asked why they were there, they allegedly failed to provide an answer, prompting him to drive away briefly.
The officers claimed Martinez evaded arrest by driving off at a high rate of speed. However, Martinez argues he drove less than a mile and voluntarily pulled over within 20 seconds. Video evidence reportedly shows Martinez exiting his vehicle and standing with his hands behind his back before the officers even exited their patrol car. Despite this, he was arrested and charged with both evading arrest and interrupting a public meeting.
Claims of Retaliation
Martinez alleges that his arrest was part of a coordinated effort by Lopez and other district officials to retaliate against his outspoken criticism of the board. The complaint highlights that similar behavior by other board members, including Lopez himself, in earlier meetings did not result in arrests or charges.
In one example, Lopez was reportedly escorted out of a meeting in April 2023 for alleged disruption, yet no legal action was taken against him. Martinez contends that his arrest was selectively enforced to punish him for exercising his First Amendment rights.
The lawsuit also questions the propriety of the South San ISD Police Department’s involvement. Martinez alleges that the district bypassed standard procedures by seeking an arrest warrant instead of issuing a summons, a common practice for nonviolent misdemeanors. He further claims that district officials applied undue pressure on the police department to pursue the case.
Legal and Personal Fallout
Martinez’s arrest and subsequent media coverage caused significant harm, the lawsuit claims. His mugshot was widely circulated, and news articles about the charges remain accessible online, damaging his reputation and future prospects. Martinez also cites financial burdens from legal fees, bond payments, and lost opportunities.
The emotional toll has been equally severe. Martinez describes sleepless nights, anxiety, and a deterioration in his physical health as he faced criminal charges that were ultimately dismissed by the Bexar County District Attorney’s Office 10 months later due to insufficient evidence.
The experience has discouraged Martinez from seeking reelection, fearing continued harassment and retaliation from district officials.
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